A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 16, 2009, the Defendant borrowed KRW 11,50,000 from the Victim B Co., Ltd. (hereinafter “victim”) to purchase KRW 11,50,000,00 for the purchase fund of KRW 1,1,50,00,000, and registered the transfer of the ownership of the automobile in the Defendant’s future. On October 19, 2009, the Defendant decided to pay KRW 426,795 each month to the victimized Company over the 36-month period.

On September 10, 201, the Defendant borrowed KRW 2 million from an indivable bond business operator of “D” around August 2013 while not repaying the principal and interest of the instant loan from around September 10, 2011, and transferred the instant heavy loan to the said indivant bond business operator for the purpose of securing the said loan, making it impossible or considerably difficult for the Defendant to discover the location of the instant heavy loan to the damaged company.

Accordingly, the defendant concealed his own property which was the object of the mortgage of the victimized company, thereby hindering the exercise of the rights of the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the examination table, agreement on application for a loan to purchase a secondhand car, agreement on the transfer of assignment of claims and fact notice, register of automobiles (C), agreement on asset acquisition, written statement on supplement of complaint and statement;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of a type]: Obstruction of Exercise of Exercise of Rights, etc. [Class 1] and no obstruction of exercise of rights [the scope of recommending and recommending a person] [the scope of recommending a person]; the basic area of the recommendation; 6 months to 1 years [no person who has been sentenced to general punishment]; and there is no ground for suspension of execution]

3. Determination of sentence: The defendant shall suffer damage for six months of imprisonment and two years of suspended sentence;